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2009/2212(INL) Proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AFCO MARTIN David (icon: S&D S&D) TRZASKOWSKI Rafał (icon: PPE PPE), WIELAND Rainer (icon: PPE PPE), GUALTIERI Roberto (icon: S&D S&D), GUERRERO SALOM Enrique (icon: S&D S&D), DUFF Andrew (icon: ALDE ALDE), JÄÄTTEENMÄKI Anneli (icon: ALDE ALDE), HÄFNER Gerald (icon: Verts/ALE Verts/ALE), FOX Ashley (icon: ECR ECR), HANNAN Daniel (icon: ECR ECR), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), SØNDERGAARD Søren Bo (icon: GUE/NGL GUE/NGL), AGNEW John Stuart (icon: EFD EFD), MESSERSCHMIDT Morten (icon: EFD EFD)
Lead committee dossier:
Legal Basis:
RoP 045

Events

2014/04/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 532 votes to 81, with 7 abstentions, a legislative resolution on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission.

The report was referred back to the committee during the 23 May 2012 plenary sitting.

Parliament adopted as its proposal for a regulation the text adopted on 23 May 2012 ( please refer to the summary of the same date ).

Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, the proposed Regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law.

Documents
T7-0429/2014
2014/04/16
   EP - End of procedure in Parliament
2013/11/12
   EP - Amendments tabled in committee
Documents
PE523.038
2012/05/23
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2012/05/23
   EP - Debate in Parliament
Documents
Debate in Parliament
2012/05/23
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a proposal or a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission

Parliament decided to postpone the vote on the motion for a resolution, pursuant to the third paragraph of Rule 41.

Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation. Members consider that the committees of inquiry should be reinforced and granted specific, genuine and clearly delimited powers which are more in line with Parliament's political stature and competences, while respecting the principle of proportionality. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament , in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law.

The main points are as follows:

Setting-up and mandate of committees of inquiry : the European Parliament may set up such committees of inquiry at the request of one quarter of its component members. No committee of inquiry should be set up where the alleged facts are being examined before a court and while the case is still subject to legal proceedings. However, in order to avoid any conflict between inquiries of a political nature and those of a judicial nature, the European Parliament should be able to examine whether it is necessary to suspend the investigation of a committee of inquiry if, after it has been set up, legal proceedings bearing a relation to the alleged facts are initiated.

Principles of openness, good governance and democratic accountability : proceedings of committees of inquiry and in particular hearings should take place in public. Provision should also be made for the possibility of in-camera proceedings and appropriate rules on confidentiality in order to ensure the efficiency of the inquiries, the protection of the vital interests of Member States, the protection of privacy and the integrity of an individual, in particular in line with Union legislation on the protection of personal data, or the protection of commercial interests of a natural or legal person.

The right of inquiry : it is essential that a committee of inquiry be able to rely on factual evidence gathered in the course of its investigation. For this purpose, a committee of inquiry should be able to hear members of Union institutions and members of governments of Member States, obtain evidence from officials and other servants of the Union or of Member States, obtain evidence from any other individual residing in the Union, request experts’ reports, request documents and conduct on-the-spot investigations.

Human rights : investigations should be conducted with full respect for human rights and fundamental freedoms, in particular the principle of fairness, and for the right of persons involved to express their views on the facts concerning them.

Request for documents : investigations should also take into account the principle that the conclusions of an inquiry should be based solely on elements which have evidential value. To that end, a committee of inquiry should be able in particular to have access to any relevant documents in the possession of the Union's institutions or bodies, of Member States or, if the document is considered pertinent for the success of the inquiry, of any other natural or legal person.

Inspections: the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law.

Witnesses: committees of inquiry should be able to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully.

Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union.

In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation.

Committees of inquiry should also have the right to request witnesses to testify under oath. However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies.

Results of inquiries : the final report of the committee of inquiry shall be submitted to the European Parliament.

It may include minority conclusions provided that such conclusions are supported by at least one quarter of the committee's members. The European Parliament may forward to the institutions or bodies of the Union or to the Member States for transmission to the competent authorities any recommendations which it adopts on the basis of the final report.

Sanctions : in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements.

Documents
T7-0219/2012
2011/10/14
   EP - Committee report tabled for plenary, single reading
Documents
A7-0352/2011
2011/10/14
   EP - Committee report tabled for plenary, single reading
Documents
A7-0352/2011
2011/10/11
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Constitutional Affairs adopted the own-initiative report by David MARTIN (S&D, UK) on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission.

Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament’s committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation . Members consider that the committees of inquiry should be reinforces and granted specific, genuine and clearly delimited powers which are more in line with Parliament’s political stature and competences, while respecting the principle of proportionality as set out in Article 5 of the Treaty on European Union.

The proposed regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law.

This proposal for a regulation offers a clearer and more logical structure compared to the one provided by the old decision. The most important improvements can be found in Section 3 (Investigation).

The right of inquiry: a committee of inquiry should be able to carry out, within the limits of its mandate, any investigation which it considers necessary in order to fulfil its task , in particular to conduct on-the-spot investigations, to request documents, to summon witnesses, to hear officials and other servants of the Union or of Member States and to request experts' reports.

On-the-spot inspections : the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law.

Requests for documents : the inquiries must obey the principle according to which all conclusions of an inquiry should be based solely on elements which have evidential value. To this end, a committee of inquiry should have access to all relevant documents and to any information which may facilitate their work. They should be able to obtain such information both from Union and national bodies and from natural or legal persons.

Witnesses : committees of inquiry should be able to summon any person who is resident in the European Union , including officials and other servants of the Union's institutions or of Member States , as a witness who should be obliged to answer questions willingly, fully and truthfully.

Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union.

In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation.

Committees of inquiry should also have the right to request witnesses to testify under oath . However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies.

Sanctions : in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements.

Pre-litigation remedy : in order to ensure a wider range of effective remedies, a pre-litigation remedy within the European Parliament should be made available to natural or legal persons other than institutions and bodies of the Union and the Member States whereby such persons may contest decisions, taken in application of the provisions on investigation, which are addressed to them or of direct and individual concern to them. This remedy should be in addition to the judicial and extrajudicial remedies provided for by the treaties and the legal systems of the Member States.

2011/09/15
   EP - Amendments tabled in committee
Documents
PE472.232
2011/05/11
   EP - Committee draft report
Documents
PE464.928
2009/12/17
   EP - Committee referral announced in Parliament, 1st reading/single reading
2009/11/30
   EP - Responsible Committee

Documents

Activities

Votes

A7-0352/2011 - David Martin - Résolution #

2014/04/16 Outcome: +: 532, -: 81, 0: 7
DE FR ES RO PL SE IT BE BG PT AT HU EL NL IE FI SK HR DK LT SI LU LV CY MT EE CZ GB
Total
87
65
40
23
45
20
36
21
15
19
17
18
13
24
11
11
12
10
10
10
6
5
7
5
5
4
19
61
icon: PPE PPE
215

Germany PPE

37

France PPE

27

Spain PPE

16

Romania PPE

10

Poland PPE

26

Sweden PPE

5

Italy PPE

11

Belgium PPE

4

Bulgaria PPE

7

Portugal PPE

9

Austria PPE

6

Hungary PPE

13

Greece PPE

3

Netherlands PPE

3

Ireland PPE

3

Finland PPE

4

Slovakia PPE

6

Croatia PPE

4

Denmark PPE

For (1)

Bendt BENDTSEN
1

Lithuania PPE

4

Slovenia PPE

4

Luxembourg PPE

2

Latvia PPE

4

Cyprus PPE

2

Malta PPE

For (1)

Roberta METSOLA
1

Estonia PPE

For (1)

Tunne KELAM
1

Czechia PPE

2
icon: S&D S&D
150

Germany S&D

20

France S&D

11

Spain S&D

18

Romania S&D

6

Poland S&D

6

Sweden S&D

6

Italy S&D

10

Belgium S&D

5

Bulgaria S&D

4

Portugal S&D

5

Austria S&D

5

Hungary S&D

3

Greece S&D

5

Netherlands S&D

3

Ireland S&D

2

Finland S&D

2

Slovakia S&D

4

Croatia S&D

5

Denmark S&D

3

Lithuania S&D

1

Slovenia S&D

For (1)

Tanja FAJON
1

Luxembourg S&D

For (1)

Robert GOEBBELS
1

Cyprus S&D

2

Malta S&D

4

Estonia S&D

For (1)

Katrin SAKS
1

Czechia S&D

6

United Kingdom S&D

11
icon: ALDE ALDE
70

Germany ALDE

Against (1)

Holger KRAHMER
11

France ALDE

3

Spain ALDE

2

Romania ALDE

4

Sweden ALDE

4

Italy ALDE

3

Belgium ALDE

5

Bulgaria ALDE

4

Greece ALDE

1

Netherlands ALDE

6

Ireland ALDE

4

Finland ALDE

2

Slovakia ALDE

For (1)

Sergej KOZLÍK
1

Denmark ALDE

3

Lithuania ALDE

2

Slovenia ALDE

For (1)

Ivo VAJGL
1

Luxembourg ALDE

For (1)

Charles GOERENS
1

Estonia ALDE

For (1)

Siiri OVIIR
1

United Kingdom ALDE

12
icon: Verts/ALE Verts/ALE
54

Germany Verts/ALE

12

France Verts/ALE

16

Spain Verts/ALE

2

Sweden Verts/ALE

4

Belgium Verts/ALE

4

Portugal Verts/ALE

For (1)

Rui TAVARES
1

Austria Verts/ALE

2

Netherlands Verts/ALE

3

Finland Verts/ALE

2

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

Indrek TARAND
1

United Kingdom Verts/ALE

4
icon: GUE/NGL GUE/NGL
31

Germany GUE/NGL

7

France GUE/NGL

Against (1)

Jean-Luc MÉLENCHON
4

Spain GUE/NGL

For (1)

Willy MEYER
1

Sweden GUE/NGL

1

Portugal GUE/NGL

4

Greece GUE/NGL

3

Netherlands GUE/NGL

2

Ireland GUE/NGL

For (1)

Paul MURPHY
1

Croatia GUE/NGL

1

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Latvia GUE/NGL

For (1)

Alfreds RUBIKS
1

Cyprus GUE/NGL

1

Czechia GUE/NGL

3

United Kingdom GUE/NGL

1
icon: NI NI
26

France NI

3

Spain NI

1

Romania NI

3

Italy NI

For (1)

Franco BONANINI

Against (1)

Mario BORGHEZIO
2

Belgium NI

Against (1)

Philip CLAEYS
1

Austria NI

Against (1)

Franz OBERMAYR
4

Hungary NI

Against (1)

Béla KOVÁCS

Abstain (1)

Krisztina MORVAI
2

Netherlands NI

5

Ireland NI

For (1)

Nessa CHILDERS
1

United Kingdom NI

Abstain (1)

Trevor COLMAN
4
icon: EFD EFD
24

France EFD

Against (1)

Philippe de VILLIERS
1

Poland EFD

3

Italy EFD

8

Belgium EFD

Against (1)

Frank VANHECKE
1

Greece EFD

1

Netherlands EFD

For (1)

Bas BELDER
1

Finland EFD

For (1)

Sampo TERHO
1

Slovakia EFD

Abstain (1)

Jaroslav PAŠKA
1

Lithuania EFD

2

United Kingdom EFD

5
icon: ECR ECR
49

Poland ECR

10

Italy ECR

Against (1)

Susy DE MARTINI

Abstain (1)

Cristiana MUSCARDINI
2

Belgium ECR

Against (1)

Derk Jan EPPINK
1

Netherlands ECR

Against (1)

Peter van DALEN
1

Denmark ECR

Abstain (1)

Anna ROSBACH
1

Lithuania ECR

Against (1)

Waldemar TOMASZEWSKI
1

Latvia ECR

Against (1)

Roberts ZĪLE
1

Czechia ECR

8

United Kingdom ECR

24

History

(these mark the time of scraping, not the official date of the change)

2020-01-19Show (6) Changes | Timetravel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
rapporteur
name: MARTIN David date: 2009-11-30T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
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date
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rapporteur
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shadows
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New
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events/2/docs/0/url
Old
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events/5/docs/0/url
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New
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events/6/docs/0/url
Old
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New
http://www.europarl.europa.eu/doceo/document/TA-7-2014-0429_EN.html
2019-07-06Show (15) Changes | Timetravel
activities
  • date: 2009-12-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: PPE name: TRZASKOWSKI Rafał group: PPE name: WIELAND Rainer group: S&D name: GUALTIERI Roberto group: S&D name: GUERRERO SALOM Enrique group: ALDE name: DUFF Andrew group: ALDE name: JÄÄTTEENMÄKI Anneli group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: ECR name: HANNAN Daniel group: GUE/NGL name: SCHOLZ Helmut group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: AGNEW John Stuart group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2009-11-30T00:00:00 committee_full: Constitutional Affairs rapporteur: group: S&D name: MARTIN David
  • date: 2011-10-11T00:00:00 body: EP committees: body: EP shadows: group: PPE name: TRZASKOWSKI Rafał group: PPE name: WIELAND Rainer group: S&D name: GUALTIERI Roberto group: S&D name: GUERRERO SALOM Enrique group: ALDE name: DUFF Andrew group: ALDE name: JÄÄTTEENMÄKI Anneli group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: ECR name: HANNAN Daniel group: GUE/NGL name: SCHOLZ Helmut group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: AGNEW John Stuart group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2009-11-30T00:00:00 committee_full: Constitutional Affairs rapporteur: group: S&D name: MARTIN David type: Vote in committee, 1st reading/single reading
  • date: 2011-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0352&language=EN type: Committee report tabled for plenary, single reading title: A7-0352/2011 body: EP type: Committee report tabled for plenary, single reading
  • date: 2012-05-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20679&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120523&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-219 type: Decision by Parliament, 1st reading/single reading title: T7-0219/2012 body: EP type: Results of vote in Parliament
  • date: 2014-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0429 type: Decision by Parliament, 1st reading/single reading title: T7-0429/2014 body: EP type: Decision by Parliament, 1st reading/single reading
commission
  • body: EC dg: Secretariat-General commissioner: BARROSO José Manuel
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
date
2009-11-30T00:00:00
rapporteur
name: MARTIN David group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
body
EP
shadows
responsible
True
committee
AFCO
date
2009-11-30T00:00:00
committee_full
Constitutional Affairs
rapporteur
group: S&D name: MARTIN David
docs
  • date: 2011-05-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE464.928 title: PE464.928 type: Committee draft report body: EP
  • date: 2011-09-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE472.232 title: PE472.232 type: Amendments tabled in committee body: EP
  • date: 2011-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0352&language=EN title: A7-0352/2011 type: Committee report tabled for plenary, single reading body: EP
  • date: 2013-11-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE523.038 title: PE523.038 type: Amendments tabled in committee body: EP
events
  • date: 2009-12-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-10-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Constitutional Affairs adopted the own-initiative report by David MARTIN (S&D, UK) on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission. Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament’s committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation . Members consider that the committees of inquiry should be reinforces and granted specific, genuine and clearly delimited powers which are more in line with Parliament’s political stature and competences, while respecting the principle of proportionality as set out in Article 5 of the Treaty on European Union. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law. This proposal for a regulation offers a clearer and more logical structure compared to the one provided by the old decision. The most important improvements can be found in Section 3 (Investigation). The right of inquiry: a committee of inquiry should be able to carry out, within the limits of its mandate, any investigation which it considers necessary in order to fulfil its task , in particular to conduct on-the-spot investigations, to request documents, to summon witnesses, to hear officials and other servants of the Union or of Member States and to request experts' reports. On-the-spot inspections : the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law. Requests for documents : the inquiries must obey the principle according to which all conclusions of an inquiry should be based solely on elements which have evidential value. To this end, a committee of inquiry should have access to all relevant documents and to any information which may facilitate their work. They should be able to obtain such information both from Union and national bodies and from natural or legal persons. Witnesses : committees of inquiry should be able to summon any person who is resident in the European Union , including officials and other servants of the Union's institutions or of Member States , as a witness who should be obliged to answer questions willingly, fully and truthfully. Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation. Committees of inquiry should also have the right to request witnesses to testify under oath . However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies. Sanctions : in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements. Pre-litigation remedy : in order to ensure a wider range of effective remedies, a pre-litigation remedy within the European Parliament should be made available to natural or legal persons other than institutions and bodies of the Union and the Member States whereby such persons may contest decisions, taken in application of the provisions on investigation, which are addressed to them or of direct and individual concern to them. This remedy should be in addition to the judicial and extrajudicial remedies provided for by the treaties and the legal systems of the Member States.
  • date: 2011-10-14T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0352&language=EN title: A7-0352/2011
  • date: 2012-05-23T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=20679&l=en title: Results of vote in Parliament
  • date: 2012-05-23T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120523&type=CRE title: Debate in Parliament
  • date: 2012-05-23T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-219 title: T7-0219/2012 summary: The European Parliament adopted a proposal or a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission Parliament decided to postpone the vote on the motion for a resolution, pursuant to the third paragraph of Rule 41. Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, Members propose the repeal of Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission and its replacement by a new Regulation. Members consider that the committees of inquiry should be reinforced and granted specific, genuine and clearly delimited powers which are more in line with Parliament's political stature and competences, while respecting the principle of proportionality. The proposed regulation defines the detailed provisions governing the exercise by the European Parliament , in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law. The main points are as follows: Setting-up and mandate of committees of inquiry : the European Parliament may set up such committees of inquiry at the request of one quarter of its component members. No committee of inquiry should be set up where the alleged facts are being examined before a court and while the case is still subject to legal proceedings. However, in order to avoid any conflict between inquiries of a political nature and those of a judicial nature, the European Parliament should be able to examine whether it is necessary to suspend the investigation of a committee of inquiry if, after it has been set up, legal proceedings bearing a relation to the alleged facts are initiated. Principles of openness, good governance and democratic accountability : proceedings of committees of inquiry and in particular hearings should take place in public. Provision should also be made for the possibility of in-camera proceedings and appropriate rules on confidentiality in order to ensure the efficiency of the inquiries, the protection of the vital interests of Member States, the protection of privacy and the integrity of an individual, in particular in line with Union legislation on the protection of personal data, or the protection of commercial interests of a natural or legal person. The right of inquiry : it is essential that a committee of inquiry be able to rely on factual evidence gathered in the course of its investigation. For this purpose, a committee of inquiry should be able to hear members of Union institutions and members of governments of Member States, obtain evidence from officials and other servants of the Union or of Member States, obtain evidence from any other individual residing in the Union, request experts’ reports, request documents and conduct on-the-spot investigations. Human rights : investigations should be conducted with full respect for human rights and fundamental freedoms, in particular the principle of fairness, and for the right of persons involved to express their views on the facts concerning them. Request for documents : investigations should also take into account the principle that the conclusions of an inquiry should be based solely on elements which have evidential value. To that end, a committee of inquiry should be able in particular to have access to any relevant documents in the possession of the Union's institutions or bodies, of Member States or, if the document is considered pertinent for the success of the inquiry, of any other natural or legal person. Inspections: the committee of inquiry may conduct on-the-spot investigations which shall be conducted, where appropriate, in cooperation with the national authorities, in conformity with the provisions of national law. Witnesses: committees of inquiry should be able to summon any person who is resident in the European Union, including officials and other servants of the Union's institutions or of Member States, as a witness who should be obliged to answer questions willingly, fully and truthfully. Committees of inquiry should respect in full the rights of those called on by them to testify, in accordance with the European Convention for the protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. In line with the principle of loyal cooperation and with the commitment to contribute to the upholding of the legal order of the Union, the Union's institutions and bodies or the Member States should designate the officials or servants whom they authorise to appear before a committee of inquiry when the committee invites them to do so. Furthermore, it should be possible for a committee of inquiry to hear the Commissioners responsible for the matter under investigation if their testimony is considered to be of material importance and necessary for a thorough appraisal of the matter under investigation. Committees of inquiry should also have the right to request witnesses to testify under oath. However, witnesses should not be obliged to take the oath. Formal note should be taken of every case where a witness declines to testify under oath, in order to allow for a fair comparative assessment of the evidential value of all testimonies. Results of inquiries : the final report of the committee of inquiry shall be submitted to the European Parliament. It may include minority conclusions provided that such conclusions are supported by at least one quarter of the committee's members. The European Parliament may forward to the institutions or bodies of the Union or to the Member States for transmission to the competent authorities any recommendations which it adopts on the basis of the final report. Sanctions : in order to give effect to those provisions, to increase the efficiency of inquiries and to bring them more in line with national parliamentary practice, the proposed Regulation should provide for the possibility of effective, proportionate and dissuasive sanctions in well-defined cases; it should be up to Member States to ensure that certain infringements are subject to appropriate sanctions under their national law and that they bring appropriate proceedings against the perpetrators of such infringements.
  • date: 2014-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0429 title: T7-0429/2014 summary: The European Parliament adopted by 532 votes to 81, with 7 abstentions, a legislative resolution on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission. The report was referred back to the committee during the 23 May 2012 plenary sitting. Parliament adopted as its proposal for a regulation the text adopted on 23 May 2012 ( please refer to the summary of the same date ). Given the new institutional balance established by the Lisbon Treaty and the experience gained in the European Parliament's committees of inquiry, the proposed Regulation defines the detailed provisions governing the exercise by the European Parliament, in the context of the fulfilment of its tasks, of the right to investigate alleged contraventions or maladministration in the implementation of Union law.
  • date: 2014-04-16T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat-General commissioner: BARROSO José Manuel
procedure/Modified legal basis
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Rules of Procedure of the European Parliament EP 150
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Rules of Procedure EP 150
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AFCO/7/01726
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  • AFCO/7/01726
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Rules of Procedure of the European Parliament EP 045
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  • 8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology
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8.40.10
Interinstitutional relations, subsidiarity, proportionality, comitology
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Legislative initiative
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  • Legislative initiative
  • Repealing Decision 95/167/EC, Euratom, ECSC 1995/2009(ACI)
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  • Repealing Decision 95/167/EC, Euratom, ECSC
2015-11-04Show (2) Changes | Timetravel
activities/2/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-352&language=EN
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-0352&language=EN
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activities
  • date: 2009-12-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: PPE name: TRZASKOWSKI Rafał group: PPE name: WIELAND Rainer group: S&D name: GUALTIERI Roberto group: S&D name: GUERRERO SALOM Enrique group: ALDE name: DUFF Andrew group: ALDE name: JÄÄTTEENMÄKI Anneli group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: ECR name: HANNAN Daniel group: GUE/NGL name: SCHOLZ Helmut group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: AGNEW John Stuart group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2009-11-30T00:00:00 committee_full: Constitutional Affairs rapporteur: group: S&D name: MARTIN David
  • date: 2011-10-11T00:00:00 body: EP committees: body: EP shadows: group: PPE name: TRZASKOWSKI Rafał group: PPE name: WIELAND Rainer group: S&D name: GUALTIERI Roberto group: S&D name: GUERRERO SALOM Enrique group: ALDE name: DUFF Andrew group: ALDE name: JÄÄTTEENMÄKI Anneli group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: ECR name: HANNAN Daniel group: GUE/NGL name: SCHOLZ Helmut group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: AGNEW John Stuart group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2009-11-30T00:00:00 committee_full: Constitutional Affairs rapporteur: group: S&D name: MARTIN David type: Vote in committee, 1st reading/single reading
  • date: 2011-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-352&language=EN type: Committee report tabled for plenary, single reading title: A7-0352/2011 body: EP type: Committee report tabled for plenary, single reading
  • date: 2012-05-23T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20679&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120523&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-219 type: Decision by Parliament, 1st reading/single reading title: T7-0219/2012 body: EP type: Results of vote in Parliament
  • date: 2014-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0429 type: Decision by Parliament, 1st reading/single reading title: T7-0429/2014 body: EP type: Decision by Parliament, 1st reading/single reading
committees
  • body: EP shadows: group: PPE name: TRZASKOWSKI Rafał group: PPE name: WIELAND Rainer group: S&D name: GUALTIERI Roberto group: S&D name: GUERRERO SALOM Enrique group: ALDE name: DUFF Andrew group: ALDE name: JÄÄTTEENMÄKI Anneli group: Verts/ALE name: HÄFNER Gerald group: ECR name: FOX Ashley group: ECR name: HANNAN Daniel group: GUE/NGL name: SCHOLZ Helmut group: GUE/NGL name: SØNDERGAARD Søren Bo group: EFD name: AGNEW John Stuart group: EFD name: MESSERSCHMIDT Morten responsible: True committee: AFCO date: 2009-11-30T00:00:00 committee_full: Constitutional Affairs rapporteur: group: S&D name: MARTIN David
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/secretariat_general/index_en.htm title: Secretariat General commissioner: BARROSO José Manuel
procedure
dossier_of_the_committee
AFCO/7/01726
reference
2009/2212(INL)
title
Proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry
legal_basis
Rules of Procedure of the European Parliament EP 045
stage_reached
Procedure completed
summary
Repealing Decision 95/167/EC, Euratom, ECSC
subtype
Legislative initiative
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
INL - Legislative initiative procedure
subject
8.40.10 Interinstitutional relations, democratic deficit, subsidiarity, comitology
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